Glossary · UK
What is Right to Work Check?
A legally required check an employer must carry out before employing someone, to confirm they are permitted to work in the UK and to establish a statutory excuse against a civil penalty.
Full Definition
A right to work check is a check every UK employer must carry out on every prospective employee, before their employment starts, to confirm the person is legally allowed to do the work in question in the UK. There are three accepted methods: a manual document check (examining and copying original documents such as a passport or a birth certificate combined with a National Insurance number document, following the Home Office's published list of acceptable documents); an online check using the Home Office's free right to work checking service, used for people who hold an eForm-based immigration status such as settled or pre-settled status, or a Biometric Residence Permit; or a check carried out through a certified Identity Service Provider using Identity Document Validation Technology, mainly for British and Irish citizens holding a valid passport. Carrying out a compliant check before employment starts, and keeping the required evidence, gives the employer a statutory excuse against a civil penalty (which can run into tens of thousands of pounds per illegal worker) even if it later turns out the employee did not in fact have the right to work; failing to check, or checking incorrectly, removes that statutory excuse and can also expose the employer to criminal liability in the most serious cases. Right to work checks must be repeated for employees whose permission to work is time-limited, tracked via a follow-up check before the expiry date recorded at the original check.